DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6 and 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re Clms 6 and 7: Examiner notes that the number of permutations of the multiple “and/or” limitations makes the claim unclear as to what it is actually requiring (also see claim 7). Also, it is unclear as to how the first, second, and/or the neck portion can have a cross-section that is cylindrical, square, and polygonal.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 1218226, hereafter ‘226.
Re Clm 1: ‘226 discloses a mechanical fuse device (3) for a drive shaft (1, 2) of a switching apparatus, the fuse device comprising: a first connection portion (left side end of 3) and a second connection portion (right side end of 3); and a neck portion (middle of 3) connecting the first connection portion and the second connection portion, wherein the drive shaft comprises a first part (1) and a second part (2) and the first connection portion is configured to be removably connected to the first part and the second connection portion is configured to be removably connected to the second part thereby connecting the first part and the second part of the drive shaft (see figs), wherein the neck portion is a weak link configured to break when being subject to a torque exceeding a predetermined torque value and thereby disconnect the first part and the second part of the drive shaft (see paragraph 0008).
Re Clm 2: ‘226 discloses wherein each connection portion comprises at least one attachment point (at contact point) configured to be coupled with the first part and second part of the drive shaft respectively by means of a fastener (6, 7).
Re Clm 3: ‘226 discloses wherein the neck portion is hollow (at hole 4) and comprises a circumferential wall (in between hole openings on wall) and at least one aperture (4) in the wall.
Re Clm 4: ‘226 discloses the neck portion is solid (surrounding hole 4) and comprises at least one aperture (4) extending through the neck portion.
Re Clm 5: ‘226 discloses wherein the predetermined torque value at which the neck portion will break depends on a size of the aperture (paragraph 0008).
Re Clm 6 (as best understood): ‘226 discloses wherein the first and second connection portions and/or the neck portion have a cylindrical and/or square and/or polygon cross- sectional shape (see figs).
Re Clm 7 (as best understood): ‘226 discloses wherein a diameter (at the chamfer of hole 4) and/or cross-section of the neck portion is smaller than a diameter and/or cross-section of the first and second connection portions.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Applicant’s Admitted Prior Art (AAPA) in view of DE 1218226, hereafter ‘226.
Re Clm 8: AAPA (background of the invention and figure 1) discloses a known switching apparatus (200) for an electrical circuit, the switching apparatus (200) comprising: at least one drive shaft (82) with a first part (top of shaft) and a second part (bottom of shaft), configured for operating the switching apparatus (200).
AAPA fails to disclose at least one mechanical fuse device according to claim 1, removable connected to the first part and the second part of the drive shaft.
‘226 teaches the use of a mechanical fuse device (as rejected above in claim 1) for the purpose of preventing damage due to an overload of torque.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the known drive shaft with a known mechanical fuse device, as taught by ‘226, for the purpose of preventing damage due to an overload of torque.
Re Clm 9: AAPA as modified above discloses wherein the first part of the drive shaft is connected to a power kinematic chain (as disclosed in AAPA).
Re Clm 10: AAPA as modified above discloses wherein the second part of the drive shaft is connected to an operational drive mechanism (92, 94).
Re Clm 11: AAPA as modified above discloses wherein the at least one fuse device is connected to a drive shaft of a disconnector of the switching apparatus (see fig 1).
Re Clm 12: AAPA as modified above discloses wherein the fuse device is connected to a drive shaft of an earthing switch (100) of the switching apparatus (see AAPA).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN PETER MASINICK whose telephone number is (571)270-3060. The examiner can normally be reached Monday-Friday 8a-5p EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN P MASINICK/Primary Examiner, Art Unit 3678
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